UNDERGROUND WATER CONTROL

THE UNDERGROUND WATER CONTROL ACT

ARRANGEMENT OF SECfIONS

1. Short title.2. Interpretation.3. Establishment and incorporation of Underground Water Author-

ity.

4. Duties of the Authority.

S. Powers of inspection.6. Power of Authority to require records and information.

7. Delegation.8. Facilities for obtaining information as to underground water.

9. Declaration of critical area.

10. This Act to prevail in critical area.11. Control of well digging in critical area.

12. Control of abstraction in critical area.13. Regulations with respect to licences.14. Publication of licences.IS. Appeal to Minister from decision of Authority.16. Accounts and audit and estimates.

17. Annual report.18. Power of Minister to require returns.19. Power of Minister to issue general directions in matters of

policy.

20. Offences.21. Application of Act to Crown.

SClH!DULB

-----:::.,----:--.,-------nne inclusion of this page is authorized hv LN. .fRO' 1"711

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UNDERGROUND WATER CONTROL

THE UNDERGROUND WATER CONTROL ACT

[3rd April, 1962.]

3

La"57 of J95'.

Act41 of 19693rd Sell.

1. This Act may be cited as the Underground Water Short title,

Control Act.

2.-(1) In this Act-

lithe Authority" means the Underground Water Authorityestablished pursuant to section 3;

"critical area" means any area defined and declared tobe a critical area pursuant to section 9; ..

I'enactment" means any law and any regulations or schemesmade thereunder;

"house" means a dwelling-house, whether a privatedwelling-house or not, and includes any part of abuilding if that part is occupied as a separate dwelling­house;

"supply of water for domestic purposes" means a sufficientsupply for drinking, washing, cooking and sanitarypurposes; and includes-

(0) a supply for the purposes of a profession carriedon in any premises the greater part whereof isused as a house; and

(b) where the water is drawn from a tap inside ahouse and no hosepipe or similar apparatus isused, a supply for watering a garden, for horseskept for private use and for washing vehicles sokept:

[The inclusion of this page is authorized hy L.N. 4S0/l9731

Interpreta­tion.

4

Establish­ment andincorpora­tion ofUnder­groundWaterAuthority.

Schedule.

DutieaofthoAuthority.

UNDERGROUND JJ'ATER CONTROL

Provided that it does not include a supply of waterfor the business of a laundry or a business ofpreparing food or beverages for consumption other.wise than on the premises; ,

"underground water" means any water under the surfaceof the ground whatever may be the geological structurein which it is standing or moving.

(2) References in this Act to the construction orextension of any well, borehole or other work, for thepurpose of abstracting underground water shall be deemedto include references to the installation or modification ofmachinery or other apparatus for the purpose of abstractingadditional quantities of such water.

3.-(1) There is hereby established a body to be called theUnderground Water Authority which shall be a bodycorporate with perpetual succession and a common seal andwith power to acquire, hold and dispose of property,. toenter into contracts, to sue and be sued in its said nameand to do all things necessary for the purposes of this Act.

(2) The provisions of the Schedule shall have effectas to the constitution, operations and expenses of theAuthority and otherwise in relation thereto.

(3) The seal of the Authority shall be authenticated inthe manner prescribed in the Schedule and shall be judiciallyand officially noticed.

4. It shall be the duty of the Authority to promote theconservation and proper use of underground water resourcesand to control the exploitation of such water resources, andwithout prejudice to the generality of the foregoing pro­visions, the Authority shall obtain and compile data onhydrological information in relation to all wells, boreholesor other works whether constructed for the purposes ofabstracting underground water or not.

rn,~ inclusion of this fmRe I, authorized by L.N. 480/19731

UNDERGROUND WATER CONTROlJ

5. For the purpose of carrying out its duties undersection 4 the Authority may undertake the inspection of allwells, boreholes or other works in which the Authoritybelieves that water has been or is likely to be struck.

Powers bfinspection.

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6.-(1) The Authority with the approval of the Minister Power?f

k 1 · . . I f k Authoritymay rna e regu ations requmng any c ass 0 persons to eep to require

such records and furnish such returns as to the quantity rJ~f~~~lsa~nd

and quality of water abstracted by them from any source or tion.

struck in the course of sinking any wel1, borehole or otherwork whether for the purpose of abstracting water or not,and as to such other matters relating to the source as maybe described by the regulations:

Provided that-

(a) the regulations shall not apply in a case wherea supply of water is abstracted by an individualfor the domestic purposes of his household only;

(b) in a case where the Authority is satisfied that inall the circumstances compliance with any require­ment of the regulations is impracticable or undueexpense would be thereby incurred, if. may directthat that requirement need not be complied with.

(2) .Where pursuant to such regulations the Authorityrequires records to be kept or returns to be made, any'person authorized in that behalf in writing by the Authoritymay, for the purpose of making any enquiries or inspections'necessary to ensure compliance with such regulations, at all ,reasonable times enter any premises to which such regula­tions apply.

(3) A person entering any premises pursuant to sub­

section (2) shal1 produce to any person on the premises'reasonably requiring him so to do the written authorityof the Authority for him so to enter.-_._-- .. _-r-,-, .. : _I, :

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42119693ut Seh.

Delegation.

Facilitiesforobtaininginforma­til," 115 tounder­groundwater,

UNDERGROUND JYATER CONTROL

(4) Notwithstanding the provisions of section 29 ofthe Interpretntion Act, regulations made under this sectionmay prescribe greater penalties than those specified in thesaid section 2f), so, however, that the maximum penaltythat may be imposed by any such regulations shall be a fineof two hundred dollars or imprisonment with or withouthard labour for a term of twelve months.

(5) All regulations made under this section shall besubject to negative resolution.

7. Where powers are conferred or duties imposed by orunder this Act on the Authority, such powers (other thana power to make regulations) may be exercised or suchduties discharged by or through any servant or agent ofthe Authority authorized in that behalf by the Authority,but the Authority shall not thereby be divested of theresponsibility for exercising such powers or dischargingsuch duties.

8.-0) Any person who proposes to sink, for the purposeof searching for or abstracting water, a well or boreholeintended to reach a depth of more than fifty feet below thesurface shall, before he begins to do so, give to the Author­ity notice in writing of his intention to do so, and shallupon the commencement of such work keep a journal ofthe progress of the work, which shall include measurementsof the strata passed through and of the levels at whichwater is struck and subsequently rests, and shall when sorequired hy the Authority keep specimens of the materialexcavated from the well or borehole, and shall allow anyperson authorized in writing by the Authority for the pur­pose at all reasonable times-

(0) to have free access to any such well or borehole;(b) to inspect the well or borehole and the material

excavated therefrom;-- '-- ---_.. -_. ----._-----_.--------.-------

---f1-I.. ~ 11',"\1- ~"11 or this 1'8Ae is authorized by LN. 4Kll/19731

UNDERGROUND WATER CONTROL

(c) to take specimens of such material lind of waterabstracted from the well or borehole; and

(d) to inspect and take copies of or extracts from thejournal required to be kept under this subsection.

(2) The person sinking any such well or boreholeshall, within thirty days after completion or abandonmentof the work, send a complete copy of the journal kept undersubsection (1) to the Authority and shall also send to theAuthority particulars of any test made, before such com­pletion or abandonment, of the flow of Welter, specifyingthe rate of flow throughout the test and the duration ofthe test and also where practicable specifying the waterlevels during the test and thereafter until the water hasreturned to its natural level.

(3) Where any such well or borehole is sunk in con­nection with an existing pumping station, the particularsof any test to be supplied to the said Authority shall alsoinclude the rate of pumping at the existing works duringthe test.

(4) Where the person sinking a well or borehole onany land is not the occupier of the land, the obligation toallow a person authorized by the said Authority to exercisethe rights specified in paragraphs (a) to (d) of subsection (1)

shall be the obligation of the occupier as well as of theperson sinking the well or borehole.

(5) Where any person contracts to sink any well orborehole on land belonging to or occupied hy any otherperson, and the execution of the work is under the controlof the contractor, the contractor and no other person shallbe deemed for the purposes of this section to he the personsinking the well or borehole.

(6) Any person who fails to comply with tiny ohliga­tion imposed on him by the foregoing provisions of thissection shul] be guilty of an offence agains: this Act.

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!!

Declarationof critica]area.

111il Act toprevail incriticalarea.

Cuntrolofwell diggingin criticalarea.

UNDERGROUND WATER CONTR01~

9.---(\) Where the Minister is satisfied that specialmeasures fIlr the conservation of underground water in anyarea are n"',:cssary in the public interest, whether for theprotection "f pul-lic water supplies or for the protection ofwater S\l!'pli,,?c; used for industrial or other purposes, he maymake an order defining the area in question, and declaringthe area to he a critical area.

(2) Every order made by the Minister under subsec­tion (I) shall he laid upon the respective Tables of bothHouses of Parliament and shall come into operation onbeing approved by resolution of the Houses, respectively.

10. During the continuance in force of an order madeunder section 9, in the critical area to which that orderrelates-

(a) the controls and restrictions imposed by or underthis Act shall have effect notwithstanding ther-rovisions of any other enactment; and

(h) I1n order made under section 3 of the IrrigationAct shall for the purposes of Part V of that Actcease to have effect.

11.-(1) Subject to the provisions of this section noperson shall in a critical area begin to-

(a) construct any well, borehole or other work for thepurpose of abstracting underground water; or

(h) extend any existing well, borehole or other workfor the purpose of abstracting additional quan­tities of underground water,

unless he has obtained, in accordance with regulations madeunder this Act, a licence from the Authority.

(2' No licence shall be required under subsection (1)in respec' or the carrying out of any experimental boringor other work 1'01' the purpose of ascertaining the presenceof underground water or the quality or quantity of such

fT' i",'I",;,." of Ihi< '''''',' i< alllhnri7t'l! bv I.N. 4~O"")7.11

UNDERGROUND WATER CONTROl, 9

water, if the work is carried out with the consent of theAu~rority and in accordance with any conditions subjectto "'hich that consent is given, by a person who has appl iedfor a licence under that subsection.

(3) Subsection (1) shall not apply to-(a) the construction or extension of any well, borehole

or other work by any individual for the purposeof abstracting underground water solely and to theextent necessary for a supply of water for thedomestic purposes of his household;

(b) any experimental boring required in connectionwith any such construction or extension as isreferred to in paragraph (a).

(4) Before any person begins to construct in acritical area any new boring for the purpose of searchingfor or extracting minerals, he shall give notice of hisintention in the prescribed form to the Authority, and shalltake such measures as may be required by the Authorityfor conserving water, being measures which in t1,e opinionof the Authority will not interfere with the winning ofminerals.

(5) Any person who contravenes any of the fore­going provisions of this section or any requirement imposedthereunder or any condition attached to a licence grantedfor the purposes of subsection (1) shall be guilty of anoffence against this Act.

in a critical area abstract Control ofabstractionin critical

or area.

12.-(1) No person shallunderground water from­

(a) any well, borehole or other work constructedextended in contravention of subsection (I) ofsection 11;

(b) any well, borehole or other work the constructionor extension of which was made lawful by para-

10 UNDERGROUND WATER CONTROL

graph (a) or paragraph (b) of subsection (3) ofsection 11, except for the purpose for which it wasconstructed or extended; or

(e) any boring or other work constructed or extendedwhile the order is in force for any purpose otherthan the abstraction of underground water,

unless he has obtained, in accordance with regulationsmade under this Act, a licence from the Authority.

(2) The Authority may from time to time by noticepublished in the Gazette and in a daily newspaper circu.lating in Jamaica prohibit or restrict the abstraction ofwater from any well, borehole or other work in a criticalarea for such period as may be specified in the notice.

(3) A notice under subsection (2) shall be deemedto be served on the date of its publication in the Gazetteor in the daily newspaper, whichever is later.

(4) No person shall in a critical area-(a) cause or allow any underground water to run to

waste from any well, borehole or other workexcept for the purpose of testing the extent orquality of the supply or cleaning, sterilizing,examining or repairing the well, borehole or otherwork; or

(b) abstract from any well, borehole or other workwater in excess of his reasonable requirements:

Provided that" where underground water interferes orthreatens to interfere with the execution or operation ofany underground works (whether waterworks or not), itshall not be an offence under this subsection to cause orallow the water to run to waste so far as may be necessaryto enable the works to be executed or operated, if no othermethod of disposing of the water is reasonably practicable.

(5) Any person who contravenes any of the fore­going provisions of this section or any requirement, pro-

[The inclusion of this pale is authorized by LN. 480/1973]

UNDERGROUND WATER CONTROL

hibition or restriction imposed thereunder or any conditionattached to a licence granted for the purposes of subsection(1) shall be guilty of an offence against this Act.

n

13.-(1) The Authority with the approval of the Minister Regulations

k I ti with respectmay rna e regu a 1011S- 10 licences.

(a) with respect to the procedure for making applica-tions for licences under this Act;

(b) with respect to the giving of notices of any suchapplication and the making of objections thereto;and

(c) prescribing the fees to be paid in respect of licencesunder this Act.

(2) The provisions of subsections (4) and (5) ofsection 6 shall apply to regulations made under this section.

14. Every grant or refusal of a licence by the Authority Publication

shall be published in the Gazette. of licences,

15.-(1) Any person aggrieved by any decision of the AJ?P~al to

h . f I' d I' A MInisterAut ority to grant or re use a icence un er t us ct may from

appeal to the Minister by notice in writ ins addressed to decision ofo ' Authority,the Minister within six weeks next after the publication in'the Gazette of the grant or refusal of the licence.

(2) Any person aggrieved by a requirement pro­,hibition or restriction by the Authority imposed by a noticegiven under subsection (2) of section 12 may withinfourteen days next after the service of such notice appealto the Minister by notice in writing addressed to theMinister.

(3) The decision of the Minister on an appeal underthis section shall be final and shall not be questioned in anylegal proceedings.

[The inclusion of this naae is authorizer! hv I ..N.•11l1l" '1711

I

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Accountsand auditandestimates.

Annualreport.

Power ofMinisterto requirereturns.

UNDERGROUND WATER CONTROL

16.-(1) The Authority shall keep proper accounts ofits receipts, payments, credits and liabilities and shallsubmit the same from time to time with vouchers to theAuditor-General to be audited.

(2) The Authority shall, on or before the thirty­first day of October in each year, submit to the Minister,its estimates of revenue and expenditure in respect of theperiod commencing on the first day of April next follow­ing and ending on the thirty-first day of March of thesubsequent year.

17.-(1) The Authority shall, as soon as practicable afterthe end of each financial year, cause to be made and trans­mit to the Minister a report dealing generally with theactivities of the Authority during the preceding financialyear, and containing such information relating to the pro­ceedings and policy of the Authority as. can be made publicwithout detriment to the interests of "the Authority.

(2) The Minister shall cause a copy of the reporttogether with the annual statement of accounts and theauditors' report thereon to be laid on the Table of theHouse of Representatives and the Senate.

(3) Copies of the Authority's report together withthe annual statement of accounts and the auditors' reporton that statement or on the accounts of the Authority shallbe. published in such manner as the Minister may directand shall be made available to the public by the Authorityat a reasonable price.

18. The Authority shall furnish the Minister withsuch returns, accounts and other information, includinginformation obtained by the Authority pursuant to sections6 and 8t as he may require with respect to the activities

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UNDERGROUND WATER CONTROl..

'of the Authority, and shall afford to him facilities forverifying such information in such manner and at suchtimes as he may reasonably require.

19. The Minister may, after consultation with the chair- Po.w~rof. h A hori h d" f I Ministerman, give to t e ut ority sue irections o a genera to issue

character as to the policy to be followed by the Authority in ~f~~?~nsthe exercise and performance of its functions as appear to in mat,lers

M ' . b . h ' f I J I I of policy.the mister to e necessary !D t e interests 0 t ie s anc ,

20.-(1) Any person guilty of an offence against this Offences.

Act shall be liable on summary conviction before aResident Magistrate to a fine not exceeding two hundreddollars or to imprisonment for a term not exceeding twelvemonths, and in the case of a continuing offence to a furtherfine not exceeding forty dollars for each day duringwhich the offence is continued after conviction.

(2) The Court before which a person is convictedof, an offence involving a contravention of subsection (4)of section 12 may, on the conviction o~ that person,order that the well, borehole or other work shall beeffectively sealed or may make such other order as appearsto the Court to be necessary to prevent waste of water.If,any person fails to comply with any such order of theCourt, the Court may (without prejudice to the impositionof any penalty for contempt of court) on the application ofthe Authority authorize the Authority to take such stepsas may be necessary to execute the order, and any expensesincurred in taking any such steps shall be recoverable asa civil debt from the person convicted.

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21. This Act shall bind the Crown. Applica­tion of Actto Crown,

14 UNDERGROUND WATER CONTROL

(Section 3)

than ftve persons to tie

SCHEDULB

I, TIle Authority shall consist of not lessappointed by the Minister.

2. 'T'11e Minister may appoint any person to act temporarily in theplace "r any member of the Authority in the case of the absence orinability to act of such member.

3. (I) The Minister shall appoint one of the members of theAuthority to be the chairman thereof.

(2) In the case of the absence or inability to act, at any meeting,of the chairman the remaining members of the Authority shall electone of their number to act as chairman at that meeting.

4. (I) The appointment of every member of the Authority. shallbe evidenced by an instrument in writing, and such instrument shallstate the period of office of the member which shall not exceedthree years.

(~) Bvery member of the Authority shall' be eligible for r~

appointment.

S. (I) Any member of the Authority, other than the chairman,mayat any time resign his office by instrument in writing addressed tothe Minister and transmitted through the chairman, and from thedate of the receipt by the Minister of such instrument such membershall cease to be a member of the Authority.

(2) The chairman may at any time resign his office by. instrumentin writing addressed to the Minister and such resignation shall takeeffect as from the date of the receipt of such instrument by' tbeMinister.

Resipa­tion.

Chairman.

AppoInt­ment ofmembers,Temporarynppoint­ments,

Tenure ofoffice.

Publicationof member­ship.

Authentica­tion ofleal anddocuments.

Procedureandmeeting ..

6. The names of all members of the Authority as first constitutedand every change in the membership thereof shall be published inthe Ga~II~.

7. (1) The seal of the Authority shaH be authenticated by thesignatures of the chairman or one member of the Authority authorizedto act in that behalf and the secretary of the Authority.

(2) All documents, other than those required by law to be underseal, made by, and all decisions of, the Authority may be signifiedunder the hand of the chairman or any member authorized to actin that behalf or the secretary of tho Authority. .

8. (I) The Authority shan meet at such times as may be necessaryor expedient for the transaction of buslness.. and such meetingsshall be held at such places and times and on such days as theAuthority shall determine.

(2) The chairman may at any time call a special meeting ofthe Authority and shall call a special meeting to be held within sevendays of a wrluen request for that purpose addressed to him by anytwo members of the Authority.

UNDERGROUND. WATER CONTROL 15

(3) The chairman or, in the case af the absence or inability toact of the chairman, the person elected to act as chairman in accord­ance with the provisions of sub-paragraph (2) of paragraph 3 shallpreside at the meetings of the Authority. and when so presiding thechairman or the person elected as aforesaid to act as chairman, asthe case may be, shall have an original and a casting vote.

(4) The quorum of the Authority shall be three members of theAuthority including the chairman or the person elected to act aschairman as aforesaid.

(5) Subject to the provisions of this Schedule the Authority mayregulate its own proceedings.

(6) The validity of any proceeding of the Authority shall notbe affected by any vacancy amongst the members thereof or by anydefect in the .appointrnent of a member thereof.

9. There shall be paid to the chairman and other members of the Rernunera­Authority such remuneration, if any (whether by way of salaries or tion oftravelling or other allowances) as the Minister may determine. members.

10. The funds of the Authority shall consist of such moneys asmay from time to time be placed at its disposition for the purposesof this Act by the Legislature and such other moneys as may lawfullybe paid to the Authority.

11. The Authority may appoint and employ at such remunerationand on such terms and conditions as it thinks fit. a secretary. andsuch officers, agents and servants as it thinks necessary for the propercarrying out of its functions:

Provided that-(0) no salary in excess of the rate of three thousand dollars per

annum shall be assigned to any post without the priorapproval of the Minister;

(b) no appointment shall be made to any post to which a salaryin excess of the rate of three thousand dollars per annumis assigned without the prior approval of the Minister.

12. (1) No action. suit, prosecution or other proceedings shall bebrought or instituted personally against any member of the Authorityin respect of any act done bona fide in pursuance or execution orintended execution of this Act. '

(2) Where any member of the Authority is exempt from liabilityby reason only of the provisions of this paragraph the Authority shallbe liable to the extent that it would he if the said member was aservant or agent of the Authority.

[The inclusio» of 'hi~ !Y.II!(' i~ nlllh"ri'l.. t! hv , >-.J .i~'\1111~ll

Funds oftheAuthority.

Power toappointofficers,agentsandservants.

Protectionof membersofAuthority.